ICYMI Video: Blumenthal Grills Noem About Constitutional Violations & Abuses of U.S. Citizens by DHS Agents

[WASHINGTON, DC] – In case you missed it, U.S. Senator Richard Blumenthal (D-CT), today grilled U.S. Department of Homeland Security (DHS) Secretary Kristi Noem about constitutional violations and abuses by federal immigration agents. At a hearing in the Senate Judiciary Committee, Blumenthal questioned Noem about U.S. citizens who have been unlawfully detained and assaulted by Immigration and Customs Enforcement (ICE), calling on Noem to respond to her department’s treatment of three citizens present at the hearing—Leonardo Garcia Venegas, Javier Ramirez, and Marimar Martinez—all of whom were detained or assaulted by ICE.

Blumenthal pressed Noem on whether she had met with any U.S. citizens who have been unlawfully detained by ICE: “After hearings I conducted in the Permanent Subcommittee on Investigations as the Ranking Member, you admitted finally in a letter written to me just last month, that in fact U.S. citizens have been detained and arrested… You put the number at 38. Far more American citizens have been arrested by ICE and CBP, probably in the hundreds, perhaps the thousands. Have you met with any of the American citizens who have been detained or arrested by your agency?”

After Noem refused to answer Blumenthal’s question, Blumenthal called on citizens who have been detained by ICE and who were present in the hearing room to stand: “I would like to introduce you to three of them. Leo, Javier, and Marimar, would you please stand? These three individuals, Madam Secretary, were arrested by your agency.”

Blumenthal questioned Noem about DHS agents’ violation of Leonardo Garcia Venegas’s constitutional rights: “Do you know what your agents did to Leo Venegas? I’ll tell you. On May 21 of last year, they entered the private property at a house that he was constructing without consent, without a warrant, illegally. Again, on June 12, they entered private property, a home where he was doing construction. He is a United States citizen, born in Florida. They seized him and ignored and disregarded his proof of citizenship.”

Blumenthal then pressed Noem about DHS’s unlawful detention of Javier Ramirez, a U.S. citizen who was refused medical care while in DHS custody: “Do you know what your agents did to Javier Ramirez? He was on his own private property when he was assaulted by masked agents—his own property—without a warrant, without consent. They said, ‘Get him, he’s Mexican.’ He was violently slammed into the ground while being handcuffed and taken into custody, despite telling officers that he is a United States citizen and even showing them his passport. And when he was asked what he was being arrested for, you know what they said? ‘We don’t know.’”

Blumenthal also questioned Noem about Marimar Martinez, a U.S. citizen from Illinois who was shot five times by federal immigration agents: “Marimar Martinez is with us as well. She is standing right behind you. She was on her way to donate clothing at her church when she came across an unmarked car. The agents sideswiped her car. Three masked agents in camouflage stormed out. One of them pulled out his gun and fired at her moving vehicle, hitting her five times. She almost bled to death.”

“I think we’re talking about an egregious illegality here, violations of rights and trust…The answers are very simple, and I would have hoped you could give better answers today to these three individuals,” Blumenthal concluded.

As Ranking Member of the Permanent Subcommittee on Investigations (PSI), Blumenthal has been leading an inquiry into the lawless and abusive tactics used by federal immigration agents. At a public forum convened by Blumenthal and U.S. Representative Robert Garcia (D-CA), Ranking Member of the House Committee on Oversight and Government Reform, Marimar Martinez testified about her experience and the violent use of force by DHS agents. Last year, Javier Ramirez also testified about his experience being detained and denied medical care by DHS agents at a public forum convened by Blumenthal and Garcia.

A video of Blumenthal’s remarks is available here. The full transcript is available below.

Senator Richard Blumenthal (D-CT): Thank you, Mr. Chairman. Thank you for being here today, Madam Secretary. For a year, you maintained that no U.S. citizens have been arrested or detained by ICE or CBP. After hearings I conducted in the Permanent Subcommittee on Investigations as the Ranking Member, you admitted finally in a letter written to me just last month, that in fact U.S. citizens have been detained and arrested. I’m going to ask, Mr. Chairman, that that letter be entered into the record. Thank you. You put the number at 38. Far more American citizens have been arrested by ICE and CBP, probably in the hundreds, perhaps the thousands. Have you met with any of the American citizens who have been detained or arrested by your agency?

DHS Secretary Kristi Noem: The individuals that may have been detained and arrested were individuals that could have been obstructing law enforcement operations --

Blumenthal: You haven’t met with them, correct?

Noem: -- and committing crimes that way, and that we would have been detaining individuals until their identity was confirmed.

Blumenthal: I would like to introduce you to three of them. Leo, Javier, and Marimar, would you please stand? These three individuals, Madam Secretary, were arrested by your agency. Leonardo Venegas, Javier Ramirez, and Marimar Martinez.

Do you know what your agents did to Leo Venegas? I’ll tell you. On May 21 of last year, they entered the private property at a house that he was constructing without consent, without a warrant, illegally. Again, on June 12, they entered private property, a home where he was doing construction. He is a United States citizen, born in Florida. They seized him and ignored and disregarded his proof of citizenship. Wouldn't you agree with me that no U.S. citizen simply working lawfully should be arrested?

Noem: In law enforcement operations across the country, there are times when U.S. citizens --

Blumenthal: It’s a simple yes or no.

Noem: -- may be arrested or detained until their identity is confirmed and that they haven’t committed a crime.

Blumenthal: Would you agree with me, Madam Secretary, that U.S. citizens should not be arrested when they are obeying the law, they have no criminal record, and they are engaged in lawful activity?

Noem: Sir, in situations where law enforcement, regardless of the agency, across the country, when there is probable cause an individual --

Blumenthal: Let me tell you about Javier Ramirez.

Do you know what your agents did to Javier Ramirez? He was on his own private property when he was assaulted by masked agents—his own property—without a warrant, without consent. They said, “Get him, he's Mexican.” He was violently slammed into the ground while being handcuffed and taken into custody, despite telling officers that he is a United States citizen and even showing them his passport. And when he was asked what he was being arrested for, you know what they said? “We don’t know.” Wouldn’t you agree that targeting someone just because he is, or looks like he is, Mexican, when he is a United States citizen, is wrong?

Noem: Senator, we do not target people based on their race or ethnicity. We do targeted operations based on criminal backgrounds and information that we have.

Blumenthal: This story goes on, Madam Secretary. Javier was detained for over four days. He was denied medicine that he needed for severe diabetes. He lost consciousness. He had severe hypoglycemia. Wouldn't you agree with me that medical treatment should have been provided to him? He was denied.

Noem: Senator, medical treatment is provided to individuals in our detention centers --

Blumenthal: Well, it wasn’t for him. Wouldn’t you agree that was wrong?

Noem: Within 12 hours, they have a medical examination, and we get them the prescriptions and medications that they need. They also have a full evaluation, including --

Blumenthal: Will you commit to take action and to look into why he was denied medical treatment?

Noem: Yes, I will look into that case specifically for you, Senator.

Blumenthal: Marimar Martinez is with us as well. She is standing right behind you. She was on her way to donate clothing at her church when she came across an unmarked car. The agents sideswiped her car. Three masked agents in camouflage stormed out. One of them pulled out his gun and fired at her moving vehicle, hitting her five times. She almost bled to death. Wouldn't you agree that shooting Marimar Martinez, a United States citizen from Chicago, on her way to donate clothing at her church is wrong?

Noem: Sir, I don’t know the situation or the case. I’ll look into it to ensure that all the procedures were followed properly.

Blumenthal: Well, I’m glad you’ll look into it.

Marimar, by the way, was falsely charged with impeding law enforcement, but the case actually fell apart. The judge dismissed it as being trumped up. He dismissed it with prejudice. In fact, the agent who shot her—I’m not going to name him, but you know who he is—was quoted on social media the day or so afterward, and he said, “I fired five rounds, and she had seven holes. Put that in your book, boys” and “Cool, I'm up for another round of f--- around and find out.” Will you join me in condemning that agent?

Noem: Sir, that situation I don’t know the details of, but I will look into that.

Blumenthal: I don’t know why you can't join me in saying it was wrong to shoot Marimar, almost cause her death, and then brag about it.

Wouldn’t you agree with me that it was wrong?

Noem: Sir, the way that you have portrayed it, it appears to be, but let me look at the case so I can speak to the specifics of it.

Blumenthal: Apparently, contrary to what you just said, you actually supported the agent who shot Ms. Martinez five times. He is quoted as saying, when he was asked, “Everyone has been supportive, including Chief Bovino, Chief Banks, Secretary Noem, and El Jefe himself,” referring presumably to President Trump. Is the agent who shot Ms. Martinez still on the job?

Noem: Sir, our law enforcement officers conduct operations every day according to procedures and training and experience they have. Whenever something is not done properly --

Blumenthal: Is the agent who shot Ms. Martinez still on the job, carrying a gun?

Noem: I don’t know the details. I will find out and get that information to you.

Blumenthal: Would you agree that he shouldn’t be on the job?

Noem: I will look into this case and get back to you on the details. I’m not familiar with it.

Blumenthal: I think Americans would find it absolutely terrifying that that agent is still on the job, carrying a gun. And the fact that you can't tell me that you will take him off --

Noem: Sir, do you know who Angel Samaniego is? Do you not recognize that name?

Blumenthal: You know, I think we’re talking about an egregious illegality here, violations of rights and trust --

Noem: This is an individual who was murdered in your state by an illegal alien, duct taped, it looked like it was an assassination. I haven’t heard you say one victim’s name of the illegal immigrants that are here perpetuating violence against people.

Blumenthal: -- the answers are very simple, and I would have hoped you could give better answers today to these three individuals. Would you like to say anything to Ms. Martinez, Mr. Ramirez, or Mr. Venegas?

Noem: I’d like to hear you say the names of one of our victims of illegal criminal activity and fight for one of those victims so that we can stop more of them from being created in the future by people who should have never been in this country to begin with. Illegal individuals and aliens in this country --

Blumenthal: Well, the charges against Ms. Martinez were dismissed with prejudice.

Let me ask you about a memo that evidently was written by the Acting Director of ICE. This memo, have you seen it?

Noem: I can’t tell what it says. I see lots of memos, I see many a day.

Blumenthal: Well, this memo is by Acting Director Todd Lyons. It’s been frequently referenced in the hearing I conducted by the whistleblower who testified, Ryan Schwank, as being the basis for instructing ICE agents. It specifically says that ICE agents should violate the Fourth Amendment and break into people's homes without a judicial warrant. Do you agree with it?

Noem: I will look at that memo, sir. I can't read it from here, but if it is referencing administrative warrants, that is the proper legal tool that this body has given us to utilize on immigration enforcement operations. Those administrative warrants were provided and affirmed by the Supreme Court, and we will continue to use those.

Blumenthal: Let me ask you one last question, Madam Secretary.

Does Corey Lewandowski have a role in approving contracts, and if so, what is that role?

Noem: His role is as a special government employee, and special government employees work for the White House and the administration. There are thousands of them.

Blumenthal: So, he does have a role.

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